US lawmakers: Get a warrant to search phones at the border

Sen. Ron Wyden of Oregon has introduced a bill to require customs officials to get a warrant to search electronics at the border.

Justin Sullivan, Getty Images

If you’re crossing the border into the US, customs officials have broad rights to search your phone, laptop and other electronic devices.

You can try to resist. But refusing to tell Customs and Border Protection your password might lead agents to detain you indefinitely, confiscate your devices or send you off to be deported.

A bipartisan group of four US lawmakers, including privacy die-hards Sen. Ron Wyden of Oregon and Sen. Rand Paul of Kentucky, want to change that. On Tuesday, they introduced a bill that would require Customs and Border Protection to get a warrant based on a legal standard called probable cause. The restriction would apply only to “US persons,” which includes citizens, immigrants with permanent residence and others living legally in the US.

Right now, agents need no such warrant and can search devices even if they suspect nothing.

“Americans should not be asked to surrender their rights or privacy at the border, and our bill will put an end to the government’s intrusive practices,” Paul said in a statement.

The Senate bill, also backed by House members Rep. Jared Polis, a Democrat from Colorado, and Rep. Blake Farenthold, a Republican from Texas, would change the search process drastically. A warrant would require a judge’s approval, meaning immediate or on-the-fly decisions to search someone’s phone would be challenging to carry out.

That’s the point, Wyden said in a statement.

“This bill makes sure that border agents are focused on criminals and terrorists,” Wyden said, “instead of wasting their time thumbing through innocent Americans’ personal photos and other data.”

A spokesman for Homeland Security declined to comment on the bill, saying the agency has a policy of not commenting on pending legislation.

A spokeswoman from Immigration and Customs Enforcement also declined to comment on the bill, citing a similar policy.

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